A 33-year-old woman who fell down after her death had a fierce argument with her boyfriend and was covered by her mouth and nose

There are citizens in Ganjingzi District, a high-rise building of spring water.

Found a woman in pink autumn clothes and trousers.

Lie still on the grass.

Then I dialed the alarm phone.

After receiving the alarm, the police immediately launched an investigation into the homicide. The investigation shows that Li Hong, 33 years old, lives on the 9th floor of the residential building where the case occurred. After investigation, there are a lot of charcoal ash traces and footprints in Li Hongs home. The gas main valve in the kitchen is opened. The ignition switches of the two stoves are also open. Most of the kettles are burned. The plastic parts of the kitchen knives, sharp knives and bone cutters on the stove have melted. In addition, there are many charcoal ash stains on the kitchen floor. There are two vomits in the South bedroom, while the north balcony window is open, there is carbon ash on the handle of the window, and there are many carbon ash footprints in the balcony...

Forensic identification found that Li Hong suffered many injuries, such as fracture of skull and rib, rupture of lung and liver, which resulted from falling at high altitude after death. The real cause of Li Hongs death is mechanical asphyxia caused by external force on the mouth and nose.

Neighbors downstairs confirmed that,

On March 5, 2015, around 0:00 p.m.

There was a quarrel between a man and a woman in Li Hongs family.

Womens cries and noises were intermittent.

During this period, there are still things dragging and people tearing down the ground.

Neighbors also heard of women

Say I beg you with a crying voice.

In addition, neighbours heard motions like dragging cabinets and footsteps. Neighbors said that Li Hongs family had been noisy for about ten days and half a month. Every time, it was in the latter half of the night. Before that, they had heard the woman shouting Kill, save your life.

Early morning quarrel with boyfriend and covered his mouth and nose

Police investigation found that

The night before the incident,

Li Hongs boyfriend Zheng Fei has been to Li Hongs home.

They also had a quarrel.

Zheng Fei became a major suspect of the police.

Born in 1963, Zheng Fei is the head of a furniture company. Li Hong is the supplier of the company. Zheng Fei divorced in 2014, and Zheng Fei and Li Hong are boyfriend and girlfriend relationships.

Zheng Fei said that he and Li Hong had known each other for many years. After establishing the relationship between men and women, they had a general relationship and often quarreled. March 5, 2015 is the Lantern Festival on the 15th day of the first lunar month. Before the festival, Li Hong asked Zheng Fei to accompany her. Zheng Fei did not agree, and they had a big fight about it. On the night of Lantern Festival, Li Hong sent Zheng Fei a short message, which roughly means Do you want me to celebrate the festival alone? This sentence touched Zheng Fei, who felt that he should accompany Li Hong in the evening.

When Zheng Fei came to Li Hongs house, he felt that Li Hong had drunk a lot of wine, and they quarreled again. Li Hong turned on the gas twice, and we had a quarrel and a tear. I also heard the sound of fire. I saw Li Hong standing in front of the kitchen door and standing in front of me. The kitchen stand was on fire. I took a basin of water to put out the fire. Then I dragged Li Hong into the room. Then I went back to the living room and sat on the sofa. Li Hong went to the bathroom several times. Once Li Hong went to the bathroom and lay on the ground. I dragged her to the bedroom. But Li Hong kept breaking away and shouting. I covered her mouth with my hands and the pajamas on Li Hongs body. I covered her mouth for two or three times. Li Hongs head swayed from side to side to try to break away. After I covered it for a while, Li Hong stopped shouting. At that time, Li Hong hardly spoke, occasionally muttering two sentences. I sat on the sofa and I closed the door downstairs about 3 or 4 a.m. on March 6.

After the incident, Zheng Fei also asked people to inquire about the case.

Death penalty suspended at first instance

13 January 2016

The Dalian Peoples Procuratorate prosecuted Zheng Fei for intentional homicide. The first trial of the Municipal Intermediate Court convicted Zheng Fei of intentional homicide and sentenced him to death penalty with a suspension of execution. Zheng Fei filed an appeal.

29 December 2016

The Provincial High Court issued a criminal ruling to return the case to trial on the grounds that the facts identified in the original judgment did not rule out reasonable doubts and that the evidence of the final judgment was insufficient and sufficient.

May 23, 2017

The case was heard by the Municipal Intermediate Court. The public prosecution charged that Zheng Fei died of mechanical asphyxia in the bathroom of Li Hongs home in spring water of Ganjingzi District from 19:00 on March 5 to 4:00 a.m. on March 6, 2015 because of a fierce quarrel and tear between the two men due to emotional problems. According to forensic identification, mechanical asphyxia was caused by external force on Li Hongs nose and mouth.

According to the public prosecution organ, Zheng Fei deliberately and illegally deprived other peoples lives due to emotional problems, resulting in serious consequences of one persons death, seriously violating the personal rights of citizens and destroying public order. Zheng Fei should be investigated for criminal responsibility for intentional homicide. At the same time, the public prosecution held that no third person came to the scene at the time of the incident. After Zheng Fei committed the crime, in order to cover up the false image of the victim jumping to suicide, the fact of the crime of intentional homicide committed by Zheng Fei was clear, and the evidence was accurate and sufficient. Zheng Fei does not have any statutory or discretionary mitigation circumstances and no manifestation of remorse.

Both defenders pleaded not guilty

Zheng Fei denied the facts of the crime charged in the indictment

Zheng Feis defenders argue that the fact of the accusation by the public prosecution organ is unclear and the evidence is insufficient, which fails to meet the standard of sufficient evidence. First of all, the subjective aspect, Zheng Fei did not make a guilty confession, and Zheng Fei did not reach the level of criminal intent. Secondly, there are many doubts about the facts identified in the indictment and the basis for conviction. We can not rule out reasonable doubts. The contradiction between evidence and facts can not form a complete evidence chain. First, the time of death of the victim can not be determined. There is no evidence to prove that the time of death of the victim is before Zheng Fei left his residence. Secondly, the footprints left behind by the scene can not be proved to be Zheng Feis legacy. Some samples in the scene investigation have not been compared, so it can not be ruled out that others committed crimes. Thirdly, the location information of Zheng Feis mobile phone proves that Zheng Fei left the victims home at 1:28, Zheng Fei does not have the time to commit a crime; fourthly, the scene investigation of the case is not rigorous and objective. Thirdly, there are major flaws in the investigation procedure. Zheng Fei has not been allowed to identify the scene, the extraction time of blood samples has not been recorded, the autopsy time is too long from the death time, which does not meet the national industry standards, the specific number of door keys of the victims family has not been ultimately verified, and some key extraction is illegal. To sum up, Zheng Fei should be acquitted.

Another defender of Zheng Fei argued that the prosecution accused Zheng Fei of intentional homicide lacked direct evidence and indirect evidence could not corroborate each other, so the defendant should be found innocent. First, Zheng Fei had no motive for intentional killing. Secondly, Zheng Fei has no time to commit crimes. Thirdly, the evidence of forensic autopsy certificate and on-site investigation record is not rigorous and objective, and there are contradictions between the evidence, which can not be used as evidence to accuse Zheng Fei of crime.

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Insufficient evidence acquitted

The court considered that,

Evidence presented by the public prosecution organ,

It is not enough to prove the fact that Zheng Fei killed Li Hong.

The comprehensive evaluation is as follows:

One

The time of Li Hongs death is uncertain. The victims body was found between 6:20 and 40 in the morning. It was identified that mechanical asphyxia was caused by external force on the nose and mouth. After death, it fell at high altitude, and the precise time of falling could not be determined. The victims last feeding time was 4 to 6 hours before death, but the last feeding time could not be determined, so the exact time of death could not be determined.

Two

There is no objective evidence to prove the time Zheng Fei left the scene of the case. The evidence in the case can prove that Zheng Fei arrived at the victims residence on the night of the incident, and because of emotional problems and disputes with the victim, it can not confirm the accurate time when the defendant left the scene of the case.

Three

The techniques and tools of the crime have not been verified. The victim died of mechanical asphyxia caused by external force on the mouth and nose. However, there is no objective evidence to prove which external force caused the death of asphyxia, and the facts are unclear.

Four

It is impossible to exclude the reasonable suspicion that a third person commits a crime. Zheng Fei left the area where the victim lived at about 4:00 a.m. until 6:20 to 40 minutes when the victims body was found, the time period of about 2 hours was blank; there were many suspicious footprints left in the victims residence without comparison; the victims mobile phones whereabouts were unknown and there might be property losses; combined with the situation that the number of matching keys of the house at the scene at the time of the incident could not be verified, it could not be ruled out. After Zheng Fei left, there was reasonable doubt whether there was a third person entering the scene.

Five

The testimony of the witnesses Zhang Mou-3, Zhang Mou-4 and Ni Mou, who testified that Zheng Fei and others inquired about the case after the incident, could not prove that Zheng Fei had committed homicide because there was no objective evidence to prove each other.

The evidence in this case has not reached the level of certainty and sufficiency, doubts among the evidence have not been reasonably excluded, the facts of the charges are unclear, and the evidence in the whole case has not formed a complete proof system. According to the facts of the case identified by the evidence, it is not enough to exclude reasonable doubts. The conclusion that Zheng Fei does not constitute the crime of intentional homicide is unique and exclusive. The fact of the crime charged by the public prosecution organ is unclear, the evidence is insufficient, the charges can not be established, and they are not supported. The defenders defense opinion on the charge of insufficient evidence of Zheng Feis crime was established and accepted by the court. There is no legal basis for the defenders opinions that the investigative organs have major flaws in the procedure of on-site identification, blood sample extraction, autopsy time and so on, and the court will not accept them.

On January 24, 2018, the Dalian Intermediate Peoples Court ruled that Zheng Fei was not guilty. The procuratorial organ lodged a protest. Recently, the provincial high court upheld the original judgment at the second instance.